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NY 896420





April 19, 1994

CLA-2-30:S:N:N7:238 896420

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.6010; 3004.90.6020

Puzant C. Torigian, D.Sc.
Pharmakon USA, Inc.
One State Street Plaza
New York, NY 10004

RE: The tariff classification of Perthon (a.k.a., "A.C.A." or "ABAVCA") and LoChol (a.k.a., "Modichol" or "Metachol") tablets from Australia

Dear Dr. Torigian:

In your letter dated February 14, 1994, resubmitted on April 4, 1994, you requested a tariff classification ruling.

The subject products, Perthon (a.k.a., "A.C.A." or "ABAVCA") and LoChol (a.k.a., "Modichol" or "Metachol"), in tablet form, are described as experimental drugs of botanical origin. You state that Perthon will be clinically tested on animals in order to determine its efficacy in preventing HIV disease progression, and LoChol will be clinically tested on animals in order to determine its efficacy in lowering cholesterol.

The applicable subheading for Perthon, in tablet form, will be 3004.90.6010, Harmonized Tariff Schedule of the United States (HTS), which provides for medicaments ... consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: other: other: other: anti-infective medicaments; other. The rate of duty will be 6.3 percent ad valorem. The applicable subheading for LoChol, in tablet form, will be 3004.90.6020, HTS, which provides for medicaments ... consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: other: other: other: cardiovascular medicaments. The rate of duty will be 6.3 percent ad valorem.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, MD 20857, telephone number (301) 443-6553. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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